Justice Majanja will be remembered as a towering figure in the development of the country’s transformative post-2010 jurisprudence and a crucial pillar in the institution-building of the JSC and the Judiciary
It was the late High Court judge David Majanja who was part of a three-judge bench that declared that the Housing Levy introduced in the Finance Act 2023 was unconstitutional.
Kenyans on Wednesday night, July 10 were left stunned by the news of his death. He passed on at a Nairobi Hospital, with initial reports revealing that he had checked in at the hospital for surgery, which reportedly turned out successful but things turned worse later resulting in his death.
Chief Justice Martha Koome penned her message of condolence, stating on X that “On behalf of the Judiciary and the Judicial Service Commission (JSC), it is with profound sadness that I announce the sudden passing of Hon. Justice David Amilcar Shikomera Majanja, Judge of the High Court of Kenya and Commissioner of the Judicial Service Commission.
“We are all heartbroken. Our heartfelt condolences go out to his family, friends, colleagues, and the entire Judiciary and JSC fraternity during this time of deep sorrow and sadness.”
The late High Court judge, David Majanja. /FILE
According to CJ Koome, Justice Majanja will be remembered as a towering figure in the development of the country’s transformative post-2010 jurisprudence and a crucial pillar in the institution-building of the JSC and the Judiciary.
Viral Tea takes a look at the profile of the late Justice David Majanja.
David Majanja Profile
Career
Majanja was sworn in as a member of the Judicial Service Commission on May 28, 2024. This was after he was re-elected to represent the Kenya Magistrates and Judges Association (KMJA) on JSC.
Justice Majanja was first appointed as Judge of the High Court in 2011 and was until his death stationed at the Milimani Civil Division court.
He was first elected to the JSC on May 14, 2019, for a five-year term. This came following the end of Judge Aggrey Muchelule’s five-year tenure as JSC male representative on April 4, 2019.
Before his re-election, he served as the chairperson of the Human Resource Management Committee and a member of the Audit. He was also the chairperson of the Governance and Risk Management Committee and the Learning and Development Committee.
Education
The late Justice Majanja attended the Hill School, in Eldoret and the Alliance High School. Additionally, he held a Master of Laws (LLM) degree from the University of Pretoria and a Bachelor of Laws from the University of Nairobi.
He earned his Post Graduate Diploma in Law at the Kenya School of Law and was admitted to the Bar in 1998.
He worked for Mohammed and Muigai Advocates and Onyango and Ohaga Advocates before founding Majanja Luseno and Company Advocates in 2007.
Other Roles
Justice Majanja practiced law specialising in Civil and Commercial Law and he was also involved in public interest litigation.
He was also an assisting Counsel for the Commission of Inquiry into the Post Election Violence popularly known as the Waki Commission.
He was also previously the presiding Judge at Homa Bay and Migori High Courts and was until his death the vice chairperson of the Judiciary Committee on Elections.
High-Profile Cases
Housing Levy
As aforementioned, Justice Majanja led a 3-judge bench consisting of Christine Meoli and Lawrence Mugambi delivered the ruling on November 28, 2023, which declared the Housing Levy introduced in the Finance Act as unconstitutional.
It ruled that the Finance Act 2023 amendment to Section 84 of the Finance Act amending the Employment Act introducing the Housing Levy is unconstitutional, adding that the levy had lacked a comprehensive legal framework and is irrational.
“The levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary and against the constitution,” Justice David Majanja ruled.
Justice David Majanja during a past High Court session. /STANDARD DIGITAL
The levy was accused of violating the principles of taxation and as contained in the Finance Act 2023 is discriminatory and unfair for making a distinction between the formal and informal sectors thus creating unequal and inequitable principles.
Anne Amadi
In May 2023, Justice Majanja also presided over a case against former Judiciary Registrar Anne Amadi. However, on May 23, 2023, he disqualified himself from hearing the Ksh130 million gold scandal facing Amadi
Majanja stated at the time that there might have been issues of his partiality in the case since he was a member of the Judicial Service Commission (JSC) where Amadi served as the secretary.
“Of course, there may be issues about my partiality or impartiality or impression created. I am very much aware of the public perception of my position. I, therefore, disqualify myself from the matter,” he said.
He at the same time declined to set aside orders freezing Amadi’s bank accounts and four others. She and her son Brian Ochieng’s personal bank accounts were frozen following a suit filed against her by a Dubai-based Company, Bruton Gold Trading LLC, a gold trading company interested in buying gold from Kenya.